Do I need to pay a penalty if I resign in such a situation?

First of all, your employment contract does not apply to the new employment contract law.

The reason is that Article 97 of the Labor Contract Law stipulates that labor contracts that have been concluded in accordance with law before the implementation of this Law and exist on the date of implementation of this Law shall continue to be performed.

In addition, according to the principle of "non-retroactivity", your employment contract should be resolved by applying the original labor laws and regulations.

If your employment contract does not stipulate liquidated damages, then you can leave. This is because the liquidated damages agreement is valid. There is no agreement, so there is no need to pay.

In addition, I would like to remind you that you must do a good job of handing over the work before leaving, because there is no one-month notice period, especially on the side of the laborers. As long as you do a good job of handing over the work and do not cause losses to the employer, this is completely okay to leave.

In addition, you can still ask for overtime pay. This is also the reward you deserve for your labor. According to the information you provide, you should be able to get a relatively large amount of overtime pay.

Regarding the calculation of overtime pay: it is best to have written evidence, such as the company clocks in, there is a pay slip that specifies the overtime hours, etc. In this case, the degree of admissibility is a little higher.

However, I would like to remind you that when you leave, you must not say that you have a personal reason to leave, if the employer insists on giving you a reason to leave, then you must also clearly state the real reason. If you really get labor arbitration, then you have a good defense because the overtime work of the unit far exceeds the load of normal people, and the labor remuneration is not paid on time. However, the situation of the employer not paying labor remuneration on time is not very serious, and as for how to judge, it depends on the labor arbitration department and the court.

In this case, you do not need to pay liquidated damages, and you do not need to give 30 days' notice to the employer.

The Labor Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

1.If there is no penalty in the contract, you can resign without paying liquidated damages, but you must do so 30 days in advance.

2.For overtime pay, you can apply for labor arbitration, but the statute of limitations is only 60 days.

You don't need to go to the labor arbitration department to report the overtime work of your employer, but you need to show relative evidence, and after labor arbitration, you can request to terminate the labor contract with the employer.

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

Legal analysis: Under normal circumstances, employees who voluntarily resign without digging out need to pay liquidated damages. In addition to agreeing on the service period and agreeing to keep confidential matters related to the employer's trade secrets and intellectual property rights.

Legal basis: Labor Contract Law of the People's Republic of China

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer.

The liquidated damages required by the employer to be paid by the employee shall not exceed the training fee for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 2 Except for the circumstances provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

Legal analysis: There are two situations in which the employee is required to pay liquidated damages: one is the violation of the service period.

The employer provides special training expenses for the workers and provides them with professional and technical training; An agreement may be entered into with the employee to stipulate the period of service. However, if the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement, and the other situation in which the employee needs to pay liquidated damages is the employee's violation of the non-compete agreement. The employer and the employee may agree to keep the confidentiality of the employer.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where the party who attacked the party early in the event fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.